Broward County Commission Regular Meeting
Director's Name: Monica Cepero
Department: County Administration Division: MAP Administration
Information
Requested Action
title
A. MOTION TO APPROVE amended and restated Transportation System Surtax Interlocal Agreement (Transportation Surtax ILA), in substantially the form of Exhibit 1; authorize the County Administrator or written designee to make nonmaterial modification to the Transportation Surtax ILA that do not increase cost or risk to the County, subject to review and approval for legal sufficiency by the County Attorney’s Office; and to authorize the Mayor and Clerk to execute the same.
B. MOTION TO AUTHORIZE County Administrator, or written designee, to negotiate, approve, and execute Surtax Funding Agreements with municipalities for approved municipal projects and amendments thereto consistent with the Transportation Surtax ILA, subject to the drafting, review, and approval of such agreements and amendments for legal sufficiency by the County Attorney’s Office.
C. MOTION TO DIRECT County Attorney’s Office to draft Ordinances for consideration by the Board, amending Section 31 ½ 71, et seq. (Transportation Surtax Ordinance) to address any changes recommended as a result of the Transportation Surtax ILA.
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Why Action is Necessary
Motion A: Board action is required to approve the Transportation Surtax Interlocal Agreement.
Motion B: Board action is required to authorize the County Administrator to negotiate, approve, and execute individual Surtax Funding Agreements with municipalities and amendments to such agreements.
Motion C: Direction by the Board is required for the County Attorney’s Office to draft Ordinances, for the Board’s later consideration, amending the Broward County Code of Ordinances.
What Action Accomplishes
Motion A: Approves the amended and restated Transportation Surtax ILA Interlocal Agreement in substantially the form attached as Exhibit A, authorizes the County Administrator to make non-material modifications thereto, subject to review and approval for legal sufficiency by the Office of the County Attorney; and authorizes the Mayor and Clerk to execute the Transportation Surtax ILA after the required number of municipalities approve the document.
Motion B: Authorizes the County Administrator, or written designee, to negotiate, approve, and execute Transportation Surtax Agreements with municipalities for transportation projects and amendments to such agreements, consistent with the terms of the Transportation Surtax ILA, and subject to review and approval of such agreements and amendments thereto for legal sufficiency by the Office of the County Attorney.
Motion C: Directs the Office of the County Attorney to draft an ordinance modifying certain sections of the Broward County Code of Ordinances to address any changes recommended as a result of the Transportation Surtax ILA.
Goal Related Icon(s)
☐County Commission
☐Go Green
☒MAP Broward
Previous Action Taken
September 10, 2020 - Agenda Item No. 61
Summary Explanation/Background
COUNTY ADMINISTRATION AND THE MOBILITY ADVANCEMENT PROGRAM’S ADMINISTRATION RECOMMEND APPROVAL.
Based on lengthy collaboration and negotiation between representatives of Broward County and the Broward County City Managers’ Association (BCCMA), as representatives of the municipalities that are parties to the current Transportation System Surtax Interlocal Agreement, a new amended and restated Transportation System Surtax Interlocal Agreement (Transportation Surtax ILA) has been drafted for the Board’s consideration (Exhibit 1). The Parties have negotiated general terms and conditions for a proposed third amendment to and restatement of the Transportation System Surtax Interlocal Agreement (“Transportation Surtax ILA”). Motion A presents the Transportation Surtax ILA to the County Commission for approval.
To become effective, the commissions/councils of municipalities with at least 50% of the County’s total population must approve the Transportation Surtax ILA along with the County.
The amended Transportation Surtax ILA does not modify the County’s existing Minimum Annual Guarantee commitment of 10% of net transportation surtax proceeds received each Fiscal Year. Among other modifications, the proposed Transportation Surtax ILA is intended to streamline, simplify, and broaden annual municipal access to transportation surtax revenues using a formula allocation to each participating municipality to supplement (and not supplant) existing city funding for rehabilitation and maintenance of city-owned roads, bridges, sidewalks, bicycle facilities, on-demand transportation (also known as micro-transit) and other eligible uses as defined by Florida Statute. In addition, the agreement creates a new Grant Match Program, which will allow participating municipalities to seek transportation surtax funding as part of the local match requirements for competitive state and federal programs, grants, and appropriations. The priorities for the portion of the transportation surtax allocated to participating municipalities have also been modified in a manner consistent with several requests from the municipalities, as communicated through the BCCMA.
If Motion A is approved, the Board will approve the terms of the new Transportation Surtax ILA in substantially the form shown on Exhibit 1. The document will be transmitted to all Broward County municipalities through the BCCMA and the Broward League of Cities for the municipal elected bodies’ consideration. The agreement is being approved in substantially the form as shown on Exhibit 1, and the County Administrator is being authorized to make nonmaterial changes to the agreement based on any further municipal feedback provided changes do not increase the cost or risks to the County and are subject to further review and approval for legal sufficiency by the Office of the County Attorney.
As part of the existing interlocal agreement and the proposed Transportation Surtax ILA, municipalities enter into separate interlocal agreements with the County for things such as their community shuttle programs, capital projects, and rehabilitation and maintenance projects. If Motion B is approved by the Board, the County Administrator or her written designee will be authorized to negotiate, approve, and execute individual Surtax Funding Agreements with the municipalities as well as amendments to those agreements, subject to appropriation of funds by the Board, and subject to review and approval of such agreements for legal sufficiency by the Office of the County Attorney.
The proposed Transportation Surtax ILA contemplates certain potential changes to existing provisions of the Broward County Code of Ordinances relating to the transportation surtax (Sections 31 ½ -71-75). Motion C directs the Office of the County Attorney to draft ordinances conforming to provisions within the proposed Transportation Surtax ILA. These ordinance changes include removal of the prohibition against a municipality using transportation surtax funding for rehabilitation and maintenance of a capital project where transportation surtax funds were used for planning, design, and/or construction. In addition, the County Commission may amend the ordinance to authorize the Independent Transportation Surtax Oversight Board to review and provide extensions to certain municipal projects the County may wish to cancel or terminate. Proposed ordinance changes will be brought to the Board after the summer recess and after the Transportation Surtax ILA has become effective based on its approval by the requisite number of municipalities and execution by the County Mayor and Clerk.
Source of Additional Information
Gretchen Cassini, Mobility Advancement Program Administrator, 954-357-9504
Nathaniel Klitsberg, Transportation Surtax General Counsel, 954-357-7622
Fiscal Impact
Fiscal Impact/Cost Summary
The Transportation Surtax ILA maintains the County’s existing commitment to provide a Minimum Annual Guarantee to participating municipalities of 10% of net surtax revenues received by the County from the State, annually.